SHIHABUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure.

(2.) The petitioner herein is the accused in Crime No.1398/2017 of the Palakkad Town South Police Station, registered alleging offences punishable under Sec. 377 of the Penal Code and Sections 3, 4 and 5 (f) and 5(k) r/w. Sec. 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The case was registered based on the information furnished by the mother of the victim boy. According to her, her elder son is studying in the X Standard of the Jannathul Uloom Arabic College, Palakkad. The minor boy was found in a disturbed state of mind. On questioning the child, he is alleged to have stated that the senior students, teachers and the Manager of the said school used to subject the victim to penetrative as well as aggravated sexual assault. The specific allegation against the petitioner herein, who is a senior student of the said school, is that he had touched the private parts of the minor boy.